CAT/C/SWE/CO/5
page 3
C. Principal subjects of concern and recommendations
Definition of torture
9.
Notwithstanding the State party’s assertion that under the Swedish Criminal Code all acts
that may be described as “torture” within the meaning of article 1 of the Convention are punishable,
the Committee regrets that the State party has not changed its position with regard to the
incorporation into domestic law of the crime of torture as defined in article 1 of the Convention. (arts.
1 and 4)
The State party should incorporate into domestic law the crime of torture and adopt a
definition of torture that covers all the elements contained in article 1 of the Convention.
By naming and defining the offence of torture in accordance with the Convention as
distinct from other crimes, the Committee considers that States parties will directly
advance the Convention’s overarching aim of preventing torture, inter alia, by
alerting everyone, including perpetrators, victims, and the public, to the special
gravity of the crime of torture and by improving the deterrent effect of the prohibition
itself.
Statute of limitations
10.
The Committee notes with concern that the offence of torture, which as such does not exist
in the Swedish Criminal Code, is punishable under other provisions of the Criminal Code, and is,
therefore, subject to the statute of limitations. While noting information provided by the delegation
that a review of the statute of limitations will be conducted, the Committee is concerned that the
statute of limitations applicable to provisions of the Criminal Code may prevent investigation,
prosecution and punishment of these grave crimes, in particular when the punishable act has been
committed abroad. Taking into account the grave nature of acts of torture, the Committee is of the
view that acts of torture cannot be subject to any statute of limitations. (arts. 1, 4 and 12)
The State Party should review its rules and provisions on the statute of limitations and
bring them fully in line with its obligations under the Convention so that acts of
torture, attempts to commit torture, and acts by any person which constitute
complicity or participation in torture, can be investigated, prosecuted and punished
without time limitations.
Fundamental safeguards
11.
The Committee notes with appreciation the new legislation on fundamental safeguards that
entered into force on 1 April 2008 in respect of access to a lawyer and notification of custody.
However, it is concerned that a public defence counsel will only be appointed once the person is
considered to be a suspect. The Committee regrets that Swedish legislation does not include a legal
provision on access to a doctor and that a request to see a doctor is evaluated by, and therefore left
to the discretion of, the police officer in charge. It further regrets reports that notification of
custody is not systematically delivered to family members and is frequently delayed with reference
to possible interference with the investigation. The Committee notes that an information leaflet on
the fundamental rights afforded to persons suspected of a crime and therefore detained and
deprived of his or her liberty has been produced by the National Police
Board, in cooperation with the Swedish Prosecution Service, and that this leaflet is currently being
translated into the most commonly used languages. (arts. 2, 11, 13 and 16)